U.S.

Department of Labor Office of Administrative Law Judges

Washington, D.C.

UNITED STATES DEPARTMENT OF LABOR

OFFICE OF ADMINISTRATIVE LAW JUDGES

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In the Matter of: * CASE NO.
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TULL HILL FARMS, INC., * 92-TAE-2
Respondent. *
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******************************* CONSENT FINDINGS

This action arises under the H-2A provisions of the Immigration and Nationality Act of
1952, as amended by the Immigration Reform and Control Act of 1986 [8 U.S.C.
§§1101(a)(l5)(H)(ii)(a), 1184(c), and 1186], hereinafter "the Act," and Regulations at 20 C.F.R.
Part 655.90, et seq., and 29 C.F.R. Part 501, for final administrative determination of violations
and assessment of civil money penalties under the Act.

1. Upon written notice issued May 13, 1991, pursuant to §1186(g)(2) of the Act and
Regulation 29 C.F.R. 501.19, the Administrator of the Wage and Hour Division, United States
Department of Labor, assessed a civil money penalty against respondent for alleged violations of
the Act and applicable regulations.

2. Respondent, by letter dated June 7, 1991, made a timely request for a hearing on such
assessment in accordance with Regulation 29 C.F.R. 501.33(a).

3. Pursuant to 29 C.F.R. 501.37(a) and 29 C.F.R. 18.15(e), the Administrator amends the
assessment and written notice of administrative determination as follows:
a. Item 1, regarding failure to provide a copy of the contract, is amended by reducing the
civil money penalty from $500 to $400; and
b. amended by reducing Item 7, regarding illegal deductions, is the civil money penalty
from $500 to $400.

4. Without admitting or denying the allegations of the administrative determination as so

amended, respondent agrees pursuant to 29 C.F.R. 501.40 to the entry of consent findings and an
order disposing of this proceeding which shall have the same force and effect as an order made
after a full hearing.

5. The entire record on which such final order will be based is to consist solely of the
amended notice of administrative determination, respondent's request for a hearing, the Order of
Reference, the Consent Findings, and the Decision and Order.

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 6. Respondent waives any further procedural steps before the Administrative Law Judge
and waives any right to challenge or contest the validity of the into in accordance with this
agreement.

7. Respondent has tendered findings and order entered to the Administrator a certified
check for the full amount of the reduced civil money penalty of $800, made payable to "Wage
and Hour - Labor."

8. The Administrator shall forward the consent findings and order in this matter, and
other appropriate information disclosed in the investigation, to the Regional Administrator for
the Employment and Training Administration, United States Department of Labor, in accordance
with 29 C.F.R. 501.21.

9. This settlement shall not be a bar to the taking of other action authorized by the H-2A
provisions of the Act, 29 C.F.R 501.16 or 20 C.F.R. Part 655. Nothing contained herein shall be
construed to preclude a finding of violation by, or to absolve respondent from any sanctions
applied by, the Employment and Training Administration under 20 C.F.R. 655.110.

10. Respondent specifically reserves, however, the right afforded by 20 C.F.R. 655.110(a)
to request either an expedited administrative review or a de novo hearing before an
Administrative Law Judge within seven calendar days of the date of any notice from the
Employment and Training Administration that such sanctions are to be imposed.

11. Each party shall bear its own costs, fees and expenses as were incurred by it in
connection with any stage of these proceedings.

Dated 11 day of March, 1992.

James. T. Hill, Jr. MARSHALL J. BREGER
President Solicitor of Labor
Tull Hill Farms, Inc..
BOBBYE D. SPEARS
Regional Solicitor
Charles Kelso
FISHER & PHILLIPS KEN S. WELSCH
1500 Resurgens Plaza Counsel
945 East Paces Ferry Road
Atlanta, Georgia 30326 By:
(404) 231-1400 Stanley E. Keen
Attorney

Office of the Solicitor

U. S. Department of Labor
Attorneys for Plaintiff

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